Source of Report

A report from BBC News Indonesia on EN’s dissatisfaction with PT Dongin Prabhawa (November 12, 2020).

Issues

  1. EN (Malind tribe) stated that PT Dongin Prabhawa does not bring prosperity to clan leaders, it makes them live in suffering.

Steps taken

  1. On March 1 – 20, 2021, the AZ Law Office & Conflict Resolution Center Team carried out a verification and complaint handling preparation (Pre Mediation) in Ngguti District, Merauke Regency. The process resulted in several findings including:
    1. EN filed a complaint not only for her personal interest or the Ndiwaen clan, but for voicing the complaints of other 17 clans because of the kinship that exists between clans. However, based on the customary traditions that apply to the Marind tribe, women do not have the right to discuss issues of customary land ownership.
    2. There are 7 complaints discovered from people of the 17 clans, such as development of plasma plantations and cooperatives, incentives for clan heads and clan members (Tuan Dusun), CSR programs, employment, status of customary land in cultivation rights areas (HGU areas), environmental impacts and social problems and a new source of income.
    3. Complaint resolution is agreed to be resolved through an open dialogue or mediation mechanism on April 19-20, 2021.
  2. On April 19 – 20, 2021, the Mediation was carried out with representatives of the 17 clans and was attended by observers/witnesses including from the representatives from the Papuan Representative of the Papuan Representative of the National Human Rights Commission (Komnas HAM RI Papua) and the Archdiocese of Merauke.

Result

  1. Mediation was carried out in two days on April 19 and 20, 2021. The results include:
    1. The mediation resulted in a Collective Agreement between PT Dongin Prabhawa and 17 clans of indigenous people. The agreement was signed at PT Dongin Prabhawa, represented by 9 people from the company and 18 people from 17 clans of indigenous people.
    2. The Collective Agreement covers 7 scopes including: employment, waste pollution, social problems, CSR program, services provided for clan heads and clan members (Tuan Dusun) of 17 clans, cooperatives and plasma plantation as well as land status in the cultivation rights (Hak Guna Usaha/HGU).
  2. As a follow-up to the Collective Agreement, a Collective Work Plan was drawn up on May 11 and 12, 2021 by a committee (representatives from PT Dongin Prabhawa and 17 clans of indigenous people). The meetings were facilitated and attended by the Secretariat for Justice and Peace of the Archdiocese of Merauke (SKP KAMe).
  3. With the Collective Agreement and Collective Work Plan made, complaint from 17 clans of indigenous people is deemed resolved and no charges or claims for the same complaint shall be filed to the company by the concerned 17 clans of indigenous people in the future.
  4. Letter from AZ Law Office & Conflict Resolution Center regarding EN’s complaint status.
  5. As of December 2021, the company and indigenous people of 17 tribes have had Collective Agreement specified for each scope. Please see the implementation progress 
    1. Employment: In June 2021, PT Dongin Prabhawa made a recruitment policy that shows our commitment to providing equal employment opportunity for local communities. For the implementation of this policy, PT Dongin Prabhawa created job openings targeted for local communities 7 times. In September 2021, PT Dongin Prabhawa worked with the Manpower Office of Merauke Regency to carry out workforce data collection and job seeker registration (AK1/Kartu Kuning), as well as coordination related to work-related training programs which are usually held by the Manpower Office.
    2. Waste Pollution: The company developed and provides a means to submit a complaint in case waste pollution occurs. The target is to build several wells in 7 villages, on July 31, 2021, the location of the first well was determined, namely in Kampung Baru (Yalhak). Water quality in Mawek River is tested every 6 months, on November 20, 2021, water sampling and environmental testing were carried out. The results from laboratory tests meet the stipulated water quality standards.
    3. Social Issues: Regarding giving rides for local people when a company’s car goes in the same direction, the company (through the Public Relations Division) made a notification (circular letter) regarding the rules on giving a ride and it has been distributed to all company divisions. The company participates in maintaining and protecting sacred places. In June, we carried out the process of marking sacred boundaries at Makon Auta and planting of endemic trees, snake wood tree species (Strychons lucida). In November 2021, the company and Department of Population and Civil Registration (Dinas Kependudukan dan Pencatatan Sipil/Dukcapil) Merauke Regency recorded and facilitated the electronic national identification card (E-KTP) registration and administration processes in Salamepe, Nakias, and Tagaepe villages.
    4. CSR Program: This year’s clan leader’s house construction program is carried out in Kampung Baru. Constructions in other villages is postponed while waiting for accessible roads. The company has made and submitted a road opening application to the government. We are still waiting for a response from the government until now. The Mobile Clinic Program is carried out once a month and has been implemented in Tagaepe, Nakia, Salamepe, Banamepe, and Amk villages.
    5. Facility for Indigenous People of 17 Tribes (Tuan Dusun): We have updated the data of food supplies beneficiaries. The distribution of food supplies for the head of Mam Village or local communities around the plantation is carried out on the 15th of each month, while other villages is on the 17th of each month.
    6. Cooperatives and Community Plasma Plantations: On May 20, 2021, the company held a meeting with representatives of local communities from Banamepe Village (Edera District), Salamepe Village, Nakias, Tagaepe (Ngguti District), Ihalik Village (Kaptel District), and Amk Village (Yakomi District). The meeting resulted in the local community agreed to develop a plasma plantation in accordance to the mapping of PT Dongin Prabhawa’s plasma plantation.
    7. Land Status in the Cultivation Rights (Hak Guna Usaha/HGU): It is in accordance with the cultivation rights decree.